April 25, 2024
When we get medical treatment from doctors, nurses, or other healthcare professionals, we trust that they will provide us with quality care that meets professional standards. However, there are unfortunate situations when medical negligence occurs, leading to further injury or harm.
If you have experienced what you believe may be medical malpractice, it’s important to understand what constitutes a viable case. There are four central elements that make up a strong medical negligence claim. Becoming informed on these components is key for knowing your options and legal rights.
Duty of Care Was Owed by the Medical Provider
The first pillar of a medical malpractice case is establishing that a duty of care existed between you and the doctor or healthcare facility. This means showing that you had a direct doctor-patient relationship and that your medical provider owed you an appropriate level of care.
When we get health services, we enter an agreement in which we put our care in the hands of medical professionals. Whether it’s a surgeon, primary doctor, specialist, or hospital, they have an obligation to deliver healthcare adhering to professional standards. If injury results because they failed to provide reasonable care, they violated their duty owed to you as a patient.
Some examples of relationships where a duty of care is present would be your orthopedic surgeon performing your knee replacement operation, the nurse administering your medication in the hospital, or the lab technician conducting your blood work. The duty requires them to carry out that medical responsibility with proper skill and care.
Duty of Care Was Breached Through Substandard Treatment
The second element in proving malpractice is demonstrating that the duty of care owed was breached. This means showing that the healthcare professional failed to provide you with the appropriate standard of medical care. In essence, it establishes that what happened constituted professionally substandard treatment.
There are a variety of potential actions that could qualify as breaching the duty of care. Some examples would include:
- Misdiagnosing or failing to diagnose a health condition
- Prescribing an inaccurate treatment plan for the patient’s diagnosis
- Making surgical, medication, or dosage errors
- Not properly monitoring health risks during recovery
- Ignoring abnormal test results
- Using unsanitized medical equipment
The key is being able to show that what the doctor or healthcare provider did, or failed to do, fell below the reasonable level of care they should have provided. Expert testimony is usually required to demonstrate that protocol was not properly followed.
It’s also important to note that just because an undesirable outcome occurred, it does not necessarily equate with negligence. Medicine is complex and complications or adverse events can happen even when protocols are followed. The key question becomes determining whether the complication stems from substandard treatment versus reasonable care. The evidence has to definitively show a breach of duty for this element to be established.
The Breach Directly Caused Physical Harm or Damage
The third component of a viable malpractice claim is demonstrating that the identified breach led to resulting physical damage or harm. This piece involves showing direct causation between the healthcare provider’s negligence and the injury or adversity experienced.
Some examples of potential types of damages caused by substandard medical treatment would include:
- Sustaining a surgical injury
- Contracting an infection
- Experiencing an allergic reaction to inaccurate medication
- Suffering heart damage from improper steroid administration
- Facing illness or disability due to misdiagnosis
Showing a connection between the breach and damage often relies heavily on medical records and documentation. Timing must align for when negligence occurred versus resulting health adversity. Expert analysis may also be utilized to evaluate scientific cause and effect.
The goal is crafting a compelling argument supported by evidence indicating that physical harm would not have happened if appropriate care had been provided. When causation linking the breach to damages can be successfully established, it demonstrates why the patient deserves compensation.
Resulting Harm Led to Defined Injuries and Losses
The fourth and final element in building a strong medical malpractice case is showing that definable legal injuries or losses stemmed from the incident. Documented damages in these situations often include:
- Additional medical costs to treat injuries caused by negligence
- Inability to work and lost income during recovery period
- Long-term loss of earnings capacity from disability
- Increased costs and lifestyle changes from permanent injury
- Physical pain and emotional trauma
The damages proven must be quantifiable, measurable losses directly attributable to what occurred. Plaintiffs depend on thorough healthcare records, employment documentation, receipts and billing statements to demonstrate economic and non-economic damages applicable under state statutes.
It’s also important to note that punitive damages intended to punish defendants are rarely awarded in malpractice suits. Compensation focuses on making the plaintiff whole—not imposing unfair penalties against medical providers beyond the scope of the law’s intent.
Building a Viable Case Through Careful Preparation
Putting together a convincing medical malpractice case requires methodical development and presentation of available evidence. Because the burden of proof lies with the plaintiff, working closely with an attorney experienced in negligence law plays an invaluable role.
They will conduct extensive record reviews, help obtain expert opinions, demonstrate why protocol was breached, strengthen arguments on causation, and identify all legitimate damages warranting compensation. Building a cohesive timeline of events is also key. Thorough preparation addressing the four central legal elements introduced in this article lays the groundwork for determining viability.
What to Take Away From This Overview
As a patient, becoming informed on the standards for proving medical malpractice equips you to make sense of an unfortunate situation. Comprehending the four central legal elements—duty owed, breach of duty, resulting harm, and definable damages—allows you to consider whether what happened may constitute actionable negligence.
While the process for building a strong malpractice case is complex, you need not navigate it alone. By seeking legal guidance, you can make sense of what happened and determine if you have grounds to pursue a claim. Understanding these legal standards represents an initial step toward seeking accountability and compensation if a doctor or healthcare provider failed their obligation to keep you from preventable harm.